The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of mandamus to declare the action of the Respondents in not promoting the Petitioner to the post of Junior As'sistant, by implementing the Rule of Reservation in iavor of disabled categories as provided under G.O.Ms.No.42 Department for Women, Children. Differently abled and Senior Citizens dt. 19.10.2011 as illegal, unjust, arbitrary and violative of Articles 14 and 16 of the Constitution of lndia, and consequently, direct the respondents to promote the Petitioner to the! post of Junior Assistant, by providing reservation under 3 percent category meant for disabled persons as per G.O.lr/s.No.42 Department for Women. Children, Differently abled and Senior Citizens dt. '19.10.2011, from the date of his eligibility, with all service and monetary benefits. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider the case of the Petitioner for promotion to the post of Junior Assistant, by providing reservation meant for disabled employees, as per G.O.NIs.No 42 Department for Women, Children, Differently abled and Senior Citizens dt. 19.10.2011, considering his rep!'esentation dt. 17.O4.2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI POODATTU AMARENDER Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.l947O OF 2025 ORDER: Heard Sri Poodattu Amarender, learned counsel appearing for the petitioner and learned Government Pleader for Services-I appearing for respondents and perused the material available on record.

2. The present writ petition is filed declaring the action of the respondents in not promoting the petitioner to the post of Junior Assistant, by implementing the Rule of Reservation in favour of disabled categories AS provided under G.O.Ms.No.42, Department for Women, Children, Differently abled and Senior Citizens dated 19. 10.201 1

3. Learned counsel for the petitioner submitted that the petitioner is a visually haldicapped (blind) person with 10O% disability and was initially appointed as Tholz on OB.1O.2O1O, which is a class-IV post under the control of the 1sr respondent. Subsequently, the petitioner was appointed as Office Sub- ordinate on 17.O8.2O 13 and since then, working as Office Sub- Ordinate. It is further submitted that the petitioner had passed \ aII the required departmental tests for promotion to the post of Junior Assistalt and he belong to BC E category and he is fully qualified for promotion to the post of Junior Assistant in the disabled quota. as a matter of policy, the Government is providing reservation in promotions to the diflerently abled persons.

4. Learned counsel for the petitioner further submitted that, G.O.Ms.No.42 dated 19.lO.2OI1 is squarely applicable to the petitioner, but the respondents are not considering his case for promotion to the post of Junior Assistant by implementing reservation in promotions to the differently abled employees as provided in G.O.Ms.No.42 dated 19.10.20i1.

5. Learned Assistant Government pleader appearing for the respondents has submitted instructions and the relevant portion of the instructions is as under: "As the matter stood thus, with regards to awarding promotion to the petitioner Sri Shakeel Ahmed presently working as the Ofhce Sub ordinate at O/o District Medical & health Ofhcer, Mahabubnagar, it is pertinent to submit that, in order to promote him from the feeder category of Class IV (Offrce Sub-Ordinate) to the post of Junior Assistant under the ambit of 3yo reservation to the Visualy Handicapped Person (General), as mentioned in thc Government orders read in ref 2na and 3.d the recruitment must reach to the 106,h point, which is earmarked for Visually Handicapped person (Gene ral). Furtfrer it is inlorrned that, no wacancies were carried forwarded in I respect of handicapped person from category of Junior Assistar-rt." prevlous roster points in the

6. Per Contra, learned counsel for the petitioner relied upon the relevant portion of the G.O.Ms.No.99, dated 04.03.2013, which reads as under: "The 6,h, 3l"t a-nd 56th turns in each cycle of hundred (100) vacancies shall be or Cerebral Palsy allotted to the Blindness or Low Vision (Visually Handicapped), Hearing Impaired (Hearing Handicapped) and (Orthopaedically Handicapped) persons respectively as stated above and where qualihed and suitable candidates are not avarlable from among them, the turn allotted for them in the unit referred to above shall be carried forward .to the succeeding recruitment year for being hlled from the same category_ If, in that year also, qualihed ca,didates of the same category are not available, the same shall be notihed for being hlled up by interchanging from among the three categories. Only when there is no person with disability of any of the 3 categories available for the post, ti-re vacancy shall be filled up by the employer by appointment of a person, other than a person with disability. Provided that if qualifred women candidates are not available for the posts reserved for women, qualified men candidates of the same category of disabled may be appointed. " It is further submitted that the petitioner is a lit candidate for allotting him wherever there is a vacancy in terms of I G.O.Ms.No.99 dated 04.O3.2013 as read above.

7. Learned Assistant Government pleader appearing for the respondents submitted that the respondents would consider the I I petitioner's case and pass appropriate orders, in accordance with law. trI\-*1\l\.' j \

8. Having considered the submissions made bv the iearned counsel for both the parties, the 1st and 2nd respondent authorities are directed to consider the application dated

09.44.2025, submitted by the petitioner, before the District Medical and Hcalth Officer, Mahaboobnagar, and consider his case in terms of G.O.Ms.No.42 dated 19.10.20 11 and pass appropriate orders thereon, in accordarce with law, vvithin a period of six (06) weeks from the date of receipt of a copy of this

9. With the above direction, this Writ Petition is disposed of, at the admission stage itself. No order as to costs. As a seque:I, miscelialeous applications pending, if any, in this Writ Petition. shall stand closed. SD/. A.V.S.PRASAD DEPUTY REGISTRAR ,TRUE COPYII n..-.tF SECTIO^NdFFICER The District IMedical and Health Officer, Mahaboobnagar. I\rlahaboobnaga r District. The District Collector, Mahaboobnagar, Mahaboobnagar District. The Director of Public Health and Family Welfare, Hyderabad. 9tate o_l Telangana., Principai Secretary, Health, Meriicai and Family Weifare Dept., Secretariat, Hvderabad. One CC to SRl. POODATTU AIVARENDER Advocate [OPUC] Two CCs to GP FOR SERVTCES-|, High Court for the Siate of tetangana, at Hyderabad. [OUT] Two CD Copies +y \ To 1 2 J 4 6 7 PSK. TKS HIGH COURT DATED:1610712025 ORDER WP.No.19470 of 2025 tHE SIa c r6 (, -.J 05 rlJE z0[ ,l t .S rr-, rnr I DISPOSING OF THE WRIT PETITION WITHOUT COSTS